Whenever the Director or City Engineer has information indicating
that real property has been divided in violation of the Subdivision
Map Act or this title, the Director or City Engineer shall mail by
certified mail or other means providing proof of delivery to the then
current owner of record of the property a notice of intention to record
a notice of violation, describing the real property in detail, naming
the owners in violation, and stating that an opportunity will be given
to the owner to present evidence on the issue whether the property
has been divided in violation of the Subdivision Map Act or this title.
The notice shall specify a time, date, and place for a meeting at
which the owner may present evidence to the Planning Commission why
the notice should not be recorded. The notice shall also contain a
description of the violations and an explanation as to why the subject
parcel is not lawful under Government Code Section 66412.6.
(Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)
The meeting shall take place no sooner than 30 days and no later
than 60 days from date of mailing the notice of intention to record
a notice of violation. If, within 15 days of receipt of the notice
of intention to record a notice of violation the owner of the real
property fails to inform the local agency of his or her objection
to recording the notice of violation, the Planning Commission shall
record the notice of violation with the Orange County Recorder.
(Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)
A.
If,
after the owner has presented evidence, the Planning Commission determines
that there has been no violation, the Director shall mail a clearance
letter to the then current owner of record.
B.
If,
after the owner has presented evidence, the Planning Commission determines
that there has been a violation the Director shall record the notice
of violation with the Orange County Recorder. The notice of violation,
when recorded, shall be deemed to be constructive notice of the violation
to all successors in interest in such property.
(Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)
A notice of violation may be released by a certificate of compliance pursuant to Chapter 16.32 (Certificate of Compliance).
(Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)
